COOPERATION AGREEMENT BETWEEN
THE INTERNATIONAL LABOUR ORGANIZATION AND
THE AFRICAN DEVELOPMENT BANK AND
THE AFRICAN DEVELOPMENT FUND

COOPERATION AGREEMENT dated this twelth day of May, 2004 between the International Labour Organization (hereinafter referred to as "ILO"), of the one part, and the African Development Bank and the African Development Fund (hereinafter collectively referred to as the "ADB"), of the other part.

THE PARTIES TO THIS COOPERATION AGREEMENT:

CONSIDERING that the mandate of the ADB is to contribute to the economic development and social progress of African countries ("Regional Countries") , individually and jointly, assisting the Regional Countries to break the vicious cycle of poverty, through facilitating and mobilising the flow of external and domestic resources, public and private, promoting investment and providing technical assistance and policy advice;

CONSIDERING that the ILO contributes to the improvement of social justice through the promotion of international labour standards, full productive quality employment, and decent work for all.

RECOGNIZING that the ILO is seeking to enhance its cooperation and partnership with the ADB to facilitate the development and implementation of coordinated and coherent policies and strategies in its overall endeavour to promote these objectives in African countries;

MINDFUL that the ADB as a regional development bank and the ILO as a specialised agency of the UN have complementary roles;

CONSCIOUS that both organizations should draw upon all their resources in their common areas of competence, to ensure that, in the context of a global strategy for economic and social development, economic and social policies are mutually reinforcing components in order to create broad-based sustainable development;

DESIROUS of developing and strengthening cooperation with respect to matters of common concern, and more particularly, the development, in their common member countries, of policies that emphasize the importance of increasing full and productive employment and incomes, economic integration and cooperation, enterprise promotion, labour law and labour administration, development of effective labour markets and labour market information systems, human resources development, good governance, labour standards and the respect of fundamental principles and rights at work, gender issues, social protection and social dialogue as part of the general process of enabling participatory economic and social development;

CONVINCED that the development and strengthening of such cooperation would be of mutual benefit to both organisations and would enhance cooperation among their Member States;

HAVE AGREED AS FOLLOWS:

ARTICLE I
PURPOSE AND SCOPE

1. The purpose of the present Cooperation Agreement is to facilitate collaboration between the ILO and the ADB in matters of common interest to them and particularly in the following activities:

a) country level operational work, including technical assistance activities, in accordance with their respective competence and capacities, and their respective priorities;

b) promotion of networking among development institutions in the region using formal as well as informal mechanisms;

c) the development of policies and procedures including those concerned with employment promotion, international labour standards and fundamental principles and rights at work, gender, social protection, and social dialogue.

d) research studies on matters within the competence of the ILO which the ADB or the ILO may need from time to time;

e) human resource development and training, including joint staff training activities as appropriate, and a programme of cooperation between the Joint African Institute and the ILO International Training Centre in Turin.

f) mutual cooperation in all other aspects which are consistent with the objectives of both organizations and the spirit of this agreement.

2. Any activity carried out by the ILO or the ADB pursuant to this Agreement shall be consistent with the policies, rules and regulations of each organization.

ARTICLE II
MUTUAL CONSULTATION

The ILO and the ADB shall maintain regular consultations on issues of strategic importance such as the social dimensions of economic development, and other matters of common interest for the purpose of furthering the effective achievement of the objectives they have in common and to ensure the greatest possible coordination of activities with a view to maximizing complementarity and mutual support.

ARTICLE III
IMPLEMENTATION MECHANISM

To facilitate implementation of this Cooperation Agreement, the parties hereto shall establish close cooperation between their respective staff to ensure the achievement of the objectives of this Cooperation Agreement, and to this end shall meet on a regular basis to plan and agree, as appropriate, on specific cooperative activities. Activities to be carried out pursuant to this Cooperation Agreement shall be subject to prior written agreement delineating the respective administrative and financial responsibilities of all parties concerned.

ARTICLE IV
EXCHANGE OF INFORMATION

The ILO and the ADB commit themselves to exchange information on their respective policies, plans and activities in the African region on issues of converging interest. The ILO and the ADB shall combine their efforts to use their data and information to the best effect and to ensure the most efficient utilization of their resources in the collection, analysis, publication and diffusion of such information, subject to such arrangements as may be necessary for safeguarding the confidential character of any part thereof.

ARTICLE V
RECIPROCAL REPRESENTATION

The ILO shall invite representatives of the ADB to attend annual meetings of the International Labour Conference and participate whenever appropriate at such other regional meetings of the ILO in which the ADB has expressed an interest. The ADB shall invite the ILO as a guest to the annual meetings of the Board of Governors and to send observers to or to be represented at such other appropriate meetings established by the ADB in which the ILO has expressed an interest. Invitations shall be subject to the rules and procedures applicable to the respective meeting or conference.

ARTICLE VI
SELECTION OF THE ILO AS AN EXECUTING OR IMPLEMENTING AGENCY

The ILO is uniquely qualified to provide technical assistance, advice and training in many areas of expertise relating to its four strategic objectives which are: to promote and realize standards and fundamental principles and rights at work; create greater opportunities for women and men to secure decent employment and income; enhance the coverage and effectiveness of social protection for all; and strengthen social dialogue. It therefore may be engaged to implement ADB-fmanced loan and grant activities in these areas through a single source selection procedure, when this is in the mutual interest of the parties concerned.

ARTICLE VII
CHANNEL OF COMMUNICATION AND NOTICES

1. For the purpose of facilitating the implementation of this Cooperation Agreement, the channel of communication for the parties shall be:

2. For the purpose of this Cooperation Agreement, the focal points of the parties shall be:

3. Either party may, by notice in writing to the other party, designate additional representatives or substitute other focal points for those designated in this Article.

4. Any notice, request or other communication under this Cooperation Agreement shall be in writing and shall be deemed to have been duly given or made when it has been delivered by hand, mail, cable, telex or telefax, as the case may be, by either party to the other at the address specified in the Agreement or such other address as either party may notify to the other party.

ARTICLE VIII
SUPPLEMENTARY ARRANGEMENTS AND AMENDMENTS

The parties to this Cooperation Agreement may by a simple exchange of letters enter into supplementary arrangements within the scope of this Cooperation Agreement, or amend any provision herein contained.

ARTICLE IX
COST SHARING ARRANGEMENTS

Costs or expenses relating to, or arising from, activites undertaken pursuant to this Cooperation Agreement shall be borne by one or both parties in accordance with the written agreements to be reached by the parties in advance of the implementation of the activities.

ARTICLE X
ENTRY INTO FORCE, MODIFICATION AND TERMINATION

1. The present Agreement cancels and replaces the Agreement between the ILO and the African Development Bank and the Memorandum of Understanding on Working Arrangements between the ILO and the African Development Bank and the African Development Fund, signed on 18 April 1977, as well as any subsequent modifications.

2. The present Agreement will enter into force on the date on which it is signed by the authorized representatives of the ILO and the ADB.

3. The present agreement may be modified by an appropriate written amendment signed by both parties and annexed to this agreement.

4. The present agreement may be terminated by the written consent of the two parties or by either party giving the other party six (6) months written notice.

IN WITNESS WHEREOF, the International Labour Organization, the African Development Bank and the African Development Fund, each acting through its duly authorized representative, have signed this Agreement on the date first above written in two original counterparts in the English language.